Legal Question in Family Law in New Jersey
Adultery
I told my husband I wanted a divorce April 3rd of this year. He then moved out of my house on April 8th. (For finacial reasons we did not begin divorce procedings until recentley.) In May I started to casually date someone who I had just met. I have never introduced my son to him for my own reasons. My husband found out I was dating and started rumors about me to mutually freinds. This aside he now says I am having an affair and he has a right to know every move I make when my son is visiting him.(I always carry a cell phone in case of an emergency) He also claims that he now stands in a better position about custody and about paying child support. Is any of this true?
2 Answers from Attorneys
Re: Adultery
In the old days (and we're talking 25 or so years ago) adultery meant something when the money was being divided and decisions were being made about the kids. Today, it only gives one party a ground for divorce. Even that has become relatively unimportant because of the no-fault ground and even the extremely liberal use of "extreme cruelty" as a ground. Adultery also may have some impact on alimony rights, but that is also limited. In my view, there is no adultery here. You were separated, you have the right to see anyone you want without his interference, as long as the children are not adversely impacted. He is just trying to intimidate you. Don't let him. Ignore what he is saying. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since you have not retained an attorney in this case, before you take any action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner
Re: Adultery
hi - if you are already represented by a lawyer in your divorce proceedings, you should probably just ask her or him your questions.
but, if you aren't yet, you should keep in mind that it's always better to be low key, so to speak, during the divorce turmoil. be discreet, and the dating shouldn't impact the custody issue.
i think that it's smart on your part not to directly involve your son with your friend, yet.
if you have any other questions, feel free to call me at 609 263-0089. good luck !!